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United Nations Security Council Resolution 2339

Published online by Cambridge University Press:  23 November 2017

Jonathan Horowitz
Jonathan Horowitz*
Affiliation:
Jonathan Horowitz is a Senior Legal Officer at the Open Society Justice Initiative. This Note is written in his personal capacity.
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Extract

On January 27, 2017, the UN Security Council unanimously adopted Resolution 2339 to extend by one year the mandate of a sanctions regime to address protracted violence, insecurity, and political turmoil in the Central African Republic (CAR). Three years after the Council first imposed the regime under Resolution 2127 (2013), the Council's adoption of Resolution 2339 made it clear that the situation in CAR continued to require a robust sanctions regime, that sexual violence in CAR needed heightened political attention, and that states should improve the ways they enforce the sanctions regime's travel ban. Similar to its predecessor resolutions, Resolution 2339 included certain limitations aimed at making the sanctions targeted and humane. But, as has been the case with sanctions regimes aimed at other countries, this one suffered from a lack of due process guarantees for ensuring the protection of the human rights of the people and entities that were punished for noncompliance.

Type
International Legal Documents
Information
International Legal Materials , Volume 56 , Issue 5 , October 2017 , pp. 1041 - 1053
Copyright
Copyright © 2017 by The American Society of International Law 

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References

ENDNOTES

1 Report of the Secretary-General on the Central African Republic, UN Doc S/2017/94, para. 2 (Feb. 1, 2017).

2 See Somini Sengupta & Rick Gladstone, Report Criticizes U.N.'s Handling of Child Sex Abuse Allegations, N.Y. Times, Dec. 17, 2015, at A14; UN Inquiry into CAR Abuse Claims Identifies 41 Troops as Suspects, The Guardian (Dec. 5, 2016), at https://www.theguardian.com/world/2016/dec/05/un-inquiry-into-car-abuse-claims-identifies-41-troops-as-suspects; Probe into Sexual Abuse in Central African Republic Must “Leave No Stone Unturned”—UN Rights Chief, UN News Centre (Mar. 31, 2016), at http://www.un.org/apps/news/story.asp?NewsID=53583#.Wbkposh9670.

3 Chronology of Events: Central African Republic, Security Council Report, at http://www.securitycouncilreport.org/chronology/central-african-republic.php (last updated Aug. 1, 2017).

4 Informal Expert Group on Women and Peace and Security, Summary of the Follow-up Meeting on the Central African Republic, 7 December 2016, UN Doc. S/2016/1105 (Dec. 22, 2016) [hereinafter Informal Expert Group].

5 January 2017 Monthly Forecast: Central African Republic, Security Council Report (Dec. 28, 2016), at http://www.securitycouncilreport.org/monthly-forecast/2017-01/central_african_republic_19.php.

6 Id.

7 Press Release, Security Council, Unanimously Adopting Resolution 2339 (2017), Security Council Extends Arms Embargo, Other Sanctions on Central African Republic, UN Press Release SC/12697 (Jan. 27, 2017).

8 Informal Expert Group, supra note 4; Renewal of the Central African Republic Sanctions Regime and Panel of Experts Mandate, Security Council Report (Jan. 26, 2017), at http://www.whatsinblue.org/2017/01/renewal-of-the-central-african-republic-sanctions-regime-and-panel-of-experts-mandate.php [hereinafter Renewal of the CAR Sanctions Regime].

9 Renewal of the CAR Sanctions Regime, supra note 8.

10 This section relies heavily on insights from Matthew Happold, Targeted Sanctions and Human Rights, in Economic Sanctions and International Law (Matthew Happold & Paul Eden eds., 2016).

11 Rep. of the Security Council Committee Established Pursuant to Resolution 2127 (2013) Concerning the Central African Republic, UN Doc. S/2016/1080 (Dec. 30, 2016); Security Council Comm. Established Pursuant to Resolution 2127 (2013) Concerning the Central African Republic, Guidelines of the Committee for the Conduct of Its Work (Mar. 20, 2017).

12 Rep. of the Security Council Committee Established Pursuant to Resolution 2127 (2013) Concerning the Central African Republic, UN Doc. S/2014/921 (Dec. 18, 2014); Rep. of the Security Council Committee Established Pursuant to Resolution 2127 (2013) Concerning the Central African Republic, UN Doc. S/2015/979 (Dec. 31, 2015); Rep. of the Security Council Committee Established Pursuant to Resolution 2127 (2013) Concerning the Central African Republic, UN Doc. S/2016/1080 (Dec. 31, 2016).